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HomeMy WebLinkAbout1988-04-13PLANNING BOARD MINUTES MEETING OF APRIL 13, 1988 The meeting of the Lexington Planning board, held in Room G-15, Town Office Building, was called to order at 7:09 p.m. by the Chairman, Mrs. Uhrig, with members Klauminzer, Sorensen, Williams, Planning Director Bowyer and Secretary Peters present. Mrs. Wood was absent. 112. Review of Minutes: The Board reviewed the minutes for the meeting of April 6, 1988. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 3-0-1 (Mrs. Uhrig abstained since she did not attend the meeting), to approve the minutes as written. ****************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************ APPLICATIONS TO THE BOARD OF APPEALS 113. Hearings scheduled for April 28, 1988: Mrs. Klauminzer gave an oral review of the following applications to be heard by the Board of Appeals. 4 Solomon Pierce Road, Evelyn Mayne, d/b/a Annie's Closet, SP, office for children's clothing sales business with no sales conducted on the premises: Mrs. Klauminzer reported the special permit was filed in accordance with Table 1, line 1.24. The Board discussed how the proposed use should be classified. They agreed that if this business is considered a home occupa- tion under line 1.23, then no special permit is needed; however, if it is proposed to fall under line 1.24, they questioned whether it is a profes- sional use or merely a commercial business. The Board was not in agreement as to how an office for children's clothing sales business should be classified and agreed to suggest that the Build- ing Commissioner make a determination. They also agreed to recommend the neighbors' wishes be considered. 24 Grassland Street, Michael Perry, SP, to install a radio tower: Mrs. Klauminzer reported that the tower is 75 feet high - fully opened, and 29 feet high - closed, and that it is to be located in the middle of the back yard. The Board agreed to make no comment except to recommend that all of the neighbors' wishes be considered. Lot Abutting 35 N. Hancock Street, Leslie Johansen, Variance, from side yard setback: Mr. Sorensen abstained from any discussion or decision on this application. Mrs. Klauminzer reported they are requesting a side yard setback of 7.5 feet instead of 10 feet, and a side street setback of 12 feet instead of 20 feet required for a corner lot. The Board agreed to make no comment except to recommend the concerns and feelings of the neigh- bors be considered. 1129 Massachusetts Avenue, Coffee Connection, Inc., Variance, to increase their seating capacity: Mrs. Klauminzer reported they wished to have their seating capacity increased from 12 to 20 seats in warm weather, providing service for eight outdoors, and to 18 seats in cold or inclement weather, by adding one seat to each inside table. Minutes for April 13, 1988 -2- Mr. Bowyer observed that when off-street parking requirements were first made applicable to Lexington Center in 1984, provisions were included dealing with the substitution of uses which did not have sufficient off- street parking. The provisions allowed the substitution of a new use which had the same or lesser parking demand than the use it replaced. The the number of seats to which this particular use is restricted is not a casual or arbitrary consideration; it has a counterpart in square footage or seats for every other use in Lexington Center which is nonconforming with respect to off-street parking. The Board agreed that if this use were allowed to expand beyond its "grandfathered" limit without providing off-street parking, every other use in the Center could claim that they too are entitled to expand without providing parking. They also agreed that although the Coffee Connection is a desirable use and provides some ambience for the Center, from the zoning perspective there is no hardship imposed by soil conditions or the shape or topography of the land. on the motion of Mrs. Klauminzer, seconded by Mr. Sorensen, it was voted 3- 1-0, with Mr. Williams opposed, to recommend the variance be denied since: 1) conditions on the site do not appear to meet the criteria set forth by state statute for the granting of a variance; and 2) granting this vari- ance would represent the first breach in an important zoning policy and principle dealing with the off-street parking situation in Lexington ' Center. 1845 Massachusetts Avenue, Alan Jick d/b/a Via Lago Pasta - Lexington, SP, for fast food and take out with cooking on the premises. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 4-0-0 to recommend the special permit be granted on the condition that any cooking is done only in ovens, and the use of fryolators or open grills be prohibited. 80 Westview Street, Colin Richardson, SP, to operate an automobile repair business in the CM district, and to modify the transition area and land- scaping area. The Board noted the use was permitted in the CM district, however they questioned whether satisfactory landscaping can be accomplish- ed when the transition area is practically non-existent. No recommendation on the application will be made. 80 Westview Street, Colin Richardson, Variance, to demolish an existing structure and construct an auto repair facility on a 9,900 sq.ft. lot in the CM District with 104.96 ft. frontage on Maguire Road, a front yard setback of 13.5 ft. and a rear yard facing residential district setback of three feet. The Board could not find any conditions on the site that fit the criteria set forth by state statute for the granting of a variance. There was some question whether the variances from lot size applied for by the applicant was necessary. The Building Commissioner has commented that a lot size variance is not necessary if the lot is grandfathered, which can not be determined until a building permit is applied for and deeds are received. On the motion of Mrs. Klauminzer, seconded by Mr. Williams, it was voted unanimously to recommend the variances not be granted. 1 1 Minutes for April 13, 1988 -3- DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 114. CUS/88-2, 17 Richard Road: The Board reviewed a memo, dated April 12, 1988, from the Town Engineer recommending that any resurfacing done on Richard Road include the Robbins Road intersection. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 3-0-1 (Mr. Williams abstained), that: In the opinion of the Planning Board, Richard Road, insofar as it provides frontage for 17 Richard Road, (street number), as shown on Assesssor's Map 31, is not now of adequate construction, and that if the improvements identified below are made, and are considered adequate by the Town Engi- neer, then the street would be of adequate grade and construction. Starting at the southeasterly corner of the lot frontage, i.e. where it abuts 19 Richard Road (street number), continuing across the frontage of 17 Richard Road (street number) and through all of the intersection of Richard Road with Robbins Road, improve the travelled way by the following: The existing pavement should be swept clean of dirt and all cracks sealed. An approved geotechnical fabric should be placed on the existing pavement with an asphaltic sealant. On top of the fabric an 1-1/4 inch leveling course of bituminous concrete and an 1-1/4 inch of top course butuminous concrete should be placed. The Board also agreed that since this is an unaccepted street, the owner of 17 Richard Road should obtain written permission from all abutting property owners to do this resurfacing. ********************** ARTICLES FOR 1988 TOWN MEETING ************************ 115. Annual Planning Board Report on Affordable Housing for Town Meeting: The Board reviewed a draft of the 1988 Planning Board Report on: Subsidized Housing (1979 Town Meeting Resolution) and Affordable Housing". On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 4-0-0 to approve the report, as written. 116. Article 55, Joint Report of Board of Selectmen and Planning Board: The Board reviewed a revised draft report dated April 13, 1988 entitled: Article 55, Joint Report of Board of Selectmen and Planning Board, Progress on affordable Housing Program, Next Steps. On the motion of Mrs. Klauminzer, seconded by Mr. Sorensen, it was voted 4-0-0 to approve the report as written. 117. Position on Article 34, Lexington Center Design Guidelines: Mrs. Uhrig reported that in response to inquiries, she has said the Planning Board would not speak to this article as a board if there was no strong consensus among members in favor of the article. The Board agreed there was no strong consensus and that if individual members wished to speak, they should do so as Town Meet- ing Members. The meeting was adjourned at 7:56 p.m. I _Z!6�Allvt Eleanor H. Klauminzer, Clerk